Judicial Activism in India

  • Dherya Maheshwari
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  • Dherya Maheshwari

    Student at Bennett University, India

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Abstract

Judiciary in India plays an important role to protect the rights of Indian citizen. The Constitution of India has constituted three important organs of the state and defined their powers. Though the Supreme Court of India has some constraint in term of using its power but sometimes it has to cross that limit to fill the vacuum created by the other two organs and to protect the fundamental rights of people. From protecting the rights of women at the workplace, rights of prostitute’s children, rights of education to implementing the basic features of sustainable development- the judiciary has come across a long way in terms of ‘Judicial Activism’ by protecting human rights and the environment. This situation arises when there is no law or there is requirement for interpretation of the law. The judiciary has approached every aspect of human life and proven to be a boon for poor people by shifting from the principle of locus standi to PIL. This paper tries to find the evolving dimensions of judicial activism through various constitutional provisions and case laws

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 1567 - 1578

DOI: https://doij.org/10.10000/IJLMH.112109

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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